The High Court has dismissed Neil Reidy’s claim against flooring company Swiss Krono after refusing his application to adjourn a three-day hearing. Mr Justice Mark Heslin said the medical material before him did not establish that Reidy could not travel to Ireland to attend the trial.
Reidy, who represented himself, had alleged that Swiss Krono misrepresented laminate flooring he said he bought from a Wexford vendor in 2016. The hearing was listed to begin on 14 November 2023. Reidy was absent, while the company’s side was present and ready to proceed.
Reidy told the court he was in eastern Poland and could not return because of a leg problem. A translated passage submitted to the court said he had inflammation and thrombosis and should not use the leg until 15 December. The judge said the passage did not identify its author or say when it was prepared, and did not state that Reidy was unable to travel.
Giving sworn evidence remotely, Reidy said he had travelled to Poland by ferry with his car, had no return ticket or other arrangements to return, and had first sought medical attention on 9 November after falling down stairs the previous day. He said a doctor examined him, prescribed paracetamol and arranged crutches. The judge noted that those matters were not described in the translated passage.
The judge had earlier declined to dismiss the claim immediately, allowing time for Reidy to make an adjournment application with supporting medical evidence. After hearing his evidence and submissions, he refused the adjournment. He said the evidence did not establish that Reidy could not travel and cited the late timing of the application and the court resources set aside for the hearing. The defendant’s account was that witnesses were travelling from Germany for the hearing.
The ruling was on the adjournment and the defendant’s application to dismiss the action, not on the underlying flooring allegation. The court refused the adjournment and granted the dismissal application, dismissing Reidy’s action.